Regina v Fakhreddine Regina v Doudar [2004] NSWCCA 354

Regina v Fakhreddine Regina v Doudar [2004] NSWCCA 354

The appellants were managers and controllers of a highly organised heroin distribution syndicate supplying a dangerous illicit narcotic into a considerable area of suburban Sydney. For Fakhreddine, the sixteen year starting point was high but within the range of a sound exercise of discretion given his role, offending for profit, prior imprisonment and offending while on parole; parity and comparison arguments failed because the other offenders and cases were materially distinguishable. For Doudar, his role was not equivalent to street dealing, the operation was organised and continued, and his management conduct persisted while he was in custody, so the sentence did not exceed the upper...

Jurisdiction
Australia
Judgment Date
13 October 2004
Procedural Posture
Criminal Sentence Appeal / Applications for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeals dismissed.
Legal Topics
['supply of Not Less Than the Commercial Quantity of Prohibited Drug' 'heroin Distribution Syndicate' 'severity Appeal' 'parity' 'sentencing Statistics' 'general Deterrence' 'offending While on Parole']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Not Less Than the Commercial Quantity of Prohibited Drug' 'heroin Distribution Syndicate' 'severity Appeal' 'parity' 'sentencing Statistics' 'general Deterrence' 'offending While on Parole']

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Procedural Posture

Criminal Sentence Appeal / Applications for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by using a starting point of sixteen years imprisonment for Fakhreddine before discounts.' "Whether Fakhreddine's sentence was excessive having regard to sentences imposed on co-offenders, including Doudar, Locchi, Stoleski and Chahine." "Whether Fakhreddine's subjective case was not adequately reflected in the sentence imposed." "Whether the sentencing judge overestimated Fakhreddine's criminality by comparison with R v Kalache (2000) 111 A Crim R 152." "Whether Doudar's sentence for supplying heroin was manifestly excessive."]

Ratio Decidendi

The appellants were managers and controllers of a highly organised heroin distribution syndicate supplying a dangerous illicit narcotic into a considerable area of suburban Sydney. For Fakhreddine, the sixteen year starting point was high but within the range of a sound exercise of discretion given his role, offending for profit, prior imprisonment and offending while on parole; parity and comparison arguments failed because the other offenders and cases were materially distinguishable. For Doudar, his role was not equivalent to street dealing, the operation was organised and continued, and his management conduct persisted while he was in custody, so the sentence did not exceed the upper...

Court Disposition

Leave to appeal granted; appeals dismissed.

Orders

  • ['In respect of each application, leave to appeal granted.' 'Appeals dismissed.']